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Review of the Evidence ActMay 1, 2010 Background and progress –In 2008, the Standing Committee of Attorneys-General (SCAG) removed from its Agenda a proposal to harmonise the Statutory Declaration regime, including developing a nationally consistent list of authorised witnesses. No explanation was available. The AIC has written to the SCAG Secretary and to all SCAG members seeking an explanation for that removal and reinstatement of that Agenda Item with the recommendation that fully paid up members of AIC (being Licensed Conveyancers) be recognised as authorised witnesses to take Statutory Declarations and administer oaths and affidavits. Licensed/Registered Conveyancers are required to assist clients with Statutory Declarations and to certify documents. If Conveyancers are not a prescribed class authorised by law to administer an oath, then a Conveyancer would be required to refer a client elsewhere at great loss and inconvenience which would result in low efficiencies and disrupt the smooth progress of the transaction for the client. This disruption is also at odds with the planned introduction of the National Electronic Conveyancing System , designed to streamline the Conveyancing process in terms of labour, cost and time. The AIC points out that it is an important matter of legal consistency that Conveyancers be recognised as persons authorised to witness Statutory Declarations, and also be able to take oaths and affidavits. The SCAG Secretary has responded that no agreement could be reached by the state members on a consistent list, so the item has been dropped from the SCAG Agenda. |
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AIC National Secretariat: Rosemary Cotton/Phone: 0458 555 243/Email: rosemary@aicnational.com.au
© 2011 Australian Institute of Conveyancers. All rights reserved.
